Case Study Overview: How a Letter of Claim Secured Repairs and Compensation Without Expert Evidence
Many tenants assume that a housing disrepair claim means months of surveyors, expert reports and litigation. This case shows that is not always so. Sometimes the most important step is simply placing the landlord on formal notice through solicitors, at which point the repairs a tenant has been requesting for years are finally carried out.
MJV Solicitors acted for a tenant in a housing disrepair claim arising from persistent damp and mould together with recurring roof leaks affecting a residential property in London. The claim was brought under the Pre-Action Protocol for Housing Conditions Claims (England) and concerned the landlord’s failure to carry out timely and effective repairs despite being placed on notice over an extended period. The matter is notable in that it resolved without the need for expert evidence, as the landlord undertook and completed the necessary remedial works shortly after formal legal action was commenced.
The tenant occupied the property under a tenancy agreement which imposed repairing obligations on the landlord pursuant to section 11 of the Landlord and Tenant Act 1985, together with duties arising under sections 9A and 10 of the same Act as amended by the Homes (Fitness for Human Habitation) Act 2018, section 4 of the Defective Premises Act 1972 and the common law. The landlord was responsible for maintaining the structure and exterior of the property, including the roof, and ensuring that the property was fit for human habitation.
Background and History of Disrepair
The issues at the property began to manifest in or around Winter 2021, when the tenant reported damp and mould affecting several rooms within the property, including the main bedroom, a further bedroom, the bathroom and the kitchen. The damp and mould presented as visible staining, black mould growth and moisture affecting walls and ceilings, particularly in areas adjacent to external walls and windows. The tenant reported that the plasterwork in affected areas became wet to the touch and that there was a persistent damp odour throughout the property.
Despite these reports, the tenant’s position was that the landlord failed to carry out any effective investigation or lasting repair. The tenant continued to experience damp and mould over a prolonged period, and the issues were reported on multiple occasions without resolution.
In early 2023, a further and more acute defect arose in the form of a roof leak affecting the main bedroom. Water was reported to be penetrating through the ceiling, particularly during periods of rainfall, causing staining, cracking and deterioration of the ceiling plaster. The leak also resulted in water affecting the flooring within the bedroom. The tenant reported that the issue persisted despite earlier repair attempts, suggesting that any works carried out were inadequate or ineffective.
The presence of both damp and mould and active water ingress significantly interfered with the tenant’s use and enjoyment of the property. The tenant was required to take temporary measures, such as using towels to manage water ingress, and endured ongoing inconvenience, discomfort and distress as a result of living in substandard conditions.
For related information, please read: What Happens If My Landlord Won’t Do Repairs? Your Rights Explained.
Legal Basis of the Housing Disrepair Claim
The claim was advanced on the basis that the landlord had been on notice of the disrepair since at least Winter 2021 in relation to damp and mould, and from early 2023 in relation to the roof leak. It was contended that the landlord failed to carry out repairs within a reasonable time, thereby breaching its statutory and contractual obligations.
The claim relied on section 11 of the Landlord and Tenant Act 1985, which imposes a duty on landlords to keep in repair the structure and exterior of the property, including the roof. It also relied on the Homes (Fitness for Human Habitation) Act 2018, which requires that residential properties be free from hazards, including damp and mould, that may affect the health and safety of occupants.
Further reliance was placed on section 4 of the Defective Premises Act 1972 and the common law, including principles relating to nuisance and negligence. The tenant sought both specific performance in the form of repairs and general damages to compensate for distress, inconvenience and loss of amenity.
For related information, please read: Can My Landlord Blame Condensation for Damp and Mould? A Complete Guide for Tenants.
Pre-Action Protocol and Landlord Response
A formal Letter of Claim was served in January 2024 in accordance with the Pre-Action Protocol for Housing Conditions Claims. The letter set out the history of disrepair, the defects complained of, and the legal basis of the claim. It also invited the landlord to admit liability, provide disclosure and engage constructively in resolving the matter.
In accordance with the Protocol, the parties initially contemplated the instruction of a single joint expert to inspect the property and prepare a report addressing causation, liability and the scope of remedial works. This would ordinarily include the preparation of a Scott Schedule and a detailed specification of works together with costings.
However, following receipt of the Letter of Claim, the landlord took steps to investigate the issues and arrange for remedial works to be carried out. A report was obtained on behalf of the landlord identifying the required works, and these were raised and implemented shortly thereafter.
The works were formally raised in early February 2024 and completed by 14 February 2024. Following completion, the tenant confirmed that they were satisfied with the extent of the repairs that had been carried out.
Resolution Without Expert Evidence
In light of the landlord completing the works promptly after the Letter of Claim, the need for expert evidence fell away. No Part 35 expert report was obtained, and no Scott Schedule was prepared. This distinguishes the case from many housing disrepair claims where expert evidence is central to establishing causation and quantifying the scope and cost of works.
Instead, the claim proceeded on a “works completed” basis. The primary issues in dispute became the duration of the disrepair, the periods for which the landlord was on notice, and the appropriate level of compensation for the tenant’s loss of amenity.
The landlord sought to limit its liability by asserting that the actionable disrepair was confined to two discrete periods relating to separate roof leaks, and that any intervening dampness did not significantly affect the tenant’s use of the property. It was also contended that the works had been completed within a reasonable time following more recent notice.
From the tenant’s perspective, the claim emphasised the prolonged nature of the damp and mould issues dating back to 2021 and the inadequacy of earlier repair attempts. The absence of expert evidence required both parties to adopt a more pragmatic and negotiated approach to quantum, with reference to the chronology of events and the severity of the conditions experienced.
The Outcome for Our Client: Repairs Completed and Compensation for Historic Disrepair
The matter ultimately resolved following negotiations, with the landlord having already completed the remedial works. The focus of the settlement was therefore on compensation for historic disrepair rather than securing an order for works.
This type of resolution is common in housing disrepair claims where legal intervention prompts a landlord to take action. The service of a Letter of Claim often acts as a catalyst for landlords to investigate and address outstanding issues, thereby narrowing the dispute to damages only.
The absence of expert evidence can influence the level of damages recoverable, as there is no formal assessment of causation or detailed costing of works. However, tenants remain entitled to compensation where it can be shown that the landlord was on notice of disrepair and failed to act within a reasonable time.
Why This Housing Disrepair Case Matters
This case illustrates an important category of housing disrepair claims where the landlord completes repairs after formal legal action is commenced, removing the need for expert evidence. It demonstrates that tenants can still pursue compensation even where the physical defects have been remedied prior to inspection.
It also highlights the importance of early legal advice. The involvement of solicitors and the service of a compliant Letter of Claim can significantly accelerate the resolution of disrepair issues, often avoiding the need for protracted litigation or expert evidence.
From a legal perspective, the case reinforces that the key issues in such claims are notice, reasonableness of the landlord’s response time, and the impact of the disrepair on the tenant’s use and enjoyment of the property. Even in the absence of expert evidence, these factors can support a claim for damages.
MJV Solicitors regularly act for tenants in housing disrepair claims involving damp and mould, roof leaks and water ingress. The firm has extensive experience in resolving claims both with and without expert evidence, ensuring that clients obtain appropriate compensation and that necessary repairs are carried out.
Read about some of our other successful housing disrepair claims, and how we helped:
- Tenant Wins £6,250 After Mould Washes and Condensation Excuses Failed to Fix Damp
- Tenant Secures Compensation After Years of Rat Infestation, Damp and Drainage Problems
- Housing Association Leak Claim – How Mediation Secured a Long-Term Solution
- Council Found in Contempt of Court After Failing to Complete Housing Disrepair Works Ordered by the Court
- Tenant Wins £3,000 After Local Authority Ignores Court Proceedings
- Tenant Wins £4,500 Compensation After Decade of Damp, Leaks and Failed Repairs
- Long-Term Leak Resolved with Compensation and Repairs
- Family Wins £10,500 Compensation After Years of Damp, Mould and Failed Repairs
Need Help with Housing Disrepair?
If you are living with damp, mould, leaks or any form of disrepair and your landlord is not taking action, we can help you in the same straightforward, effective way
Get in Touch Now for a Free Case Assessment
- Call us on 01253 858231
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Useful Guides for Tenants:
- How Much is a Housing Disrepair Claim Worth in England?
- Why Damp and Mould Claims Are Increasing in England
- Damp and Mould in Social Housing: Who is Responsible?
- What is Housing Disrepair? A Guide for Council and Housing Association Tenants
- How to Gather Evidence for a Housing Disrepair Claim
- How Does Housing Disrepair Affect Your Health and What Can You Do?
- What Makes a Property Unfit for Human Habitation?
Frequently Asked Questions
Yes. While expert evidence is often helpful, particularly in complex cases, a claim can still succeed without it where the landlord has been on notice of disrepair and has failed to act within a reasonable time. In such cases, the focus is typically on duration and impact rather than technical causation.
If a landlord completes the required repairs after receiving a Letter of Claim, the claim does not automatically end. The tenant may still pursue compensation for the period during which the property was in disrepair.
Yes. Compensation can be awarded for distress, inconvenience and loss of amenity experienced before the works were completed, even if the property is no longer in disrepair.
Not always. Liability depends on the cause of the damp and mould. However, where it arises from structural defects, water ingress or failures to maintain the property, the landlord is likely to be responsible. Please read: Can My Landlord Blame Condensation for Damp and Mould? A Complete Guide for Tenants.
A landlord must carry out repairs within a reasonable time after being put on notice of the defect. What is reasonable will depend on the nature and severity of the issue.
No. Many claims settle at the pre-action stage, particularly where landlords take steps to carry out repairs and engage in negotiations following receipt of a Letter of Claim.
Yes. Tenants can bring claims for disrepair that has already been remedied, provided they can establish that the landlord was in breach of its obligations during the relevant period.
